Bill #2

(2020 – First Legislature)

Criminal Proceedings Act

Introduced on (2020-10-23)
Adopted on (2020-10-23)
Sanctioned on (2020-10-25)

Royal Kingdom of Lenards

Under authority of His Majesty, the King Tyler 1st

National Archives Library of Lenards









































The Hon. Lucas Smith
Associate Minister to Justice
Representing District of Pikes
Presentation

This law establishes the criminal proceedings procedures within

courts. It also establishes the measures and conditions of issuance
of certain sentences, fines, warrants and other measures.

This act also establishes the procedure of nomination, destitution

and other procedures for judges.

Bill #2
CRIMINAL PROCEEDINGS ACT

THE HOUSE OF COMMONS, IN ACCORDANCE WITH THE

CONSTITUTION AND ALL LAWS WITHIN THE ROYAL
KINGDOM OF LENARDS, AFTER SANCTION FROM HIS
MAJESTY, KING TYLER 1ST ENACTS AS FOLLOW:

Article 1. This act is titled “Criminal Proceedings Act”

Part 1 - Introductory provisions

Article 2. This act applies with respect to proceedings in view of

imposing a penal sanction for an offence under any act, except proceedings
brought before a disciplinary body.

Article 3. For definition purposes, an “act” is any law in effect at the
moment of the infraction.

Article 4. At any time in applying this act, appropriate technological

means that are available to both parties and the court must be used as much
as it is possible, taking into account the technological environment in place
to support the proceedings upon the court.
Article 5. Powers and duties of a judge are conferred from the moment he
is sworn by His Majesty. His powers extend to the court to which he is
assigned by the Ministry of Justice.

Article 6. No one shall be prosecuted for an offence he committed while

being less than 10 years old.

Article 7. The judge hearing the case shall, with the authority and powers
conferred to him, do the necessary to maintain order in the courtroom.

Article 8. Where a judge orders the detention of a person under 18 years

old, the person must be kept in custody in a facility maintained by an
institution operating a rehabilitation center within the meaning of the Child
Protection Act.

Article 9. A person under 18 years old whom a judge orders detention

may remain in a federal penitentiary for less than 72 hours, as long as the
child is not in contact with other detainees and provided enough food, water
and other necessities. If a child is kept in a penitentiary, the director of the
establishment must inform immediately the Child Protection Services.

Article 10. The procedure relating to contempt of court prescribed under

the criminal code applies within this act.

Article 11. For any fines issued within jurisdiction of a court, the
community support fees must not exceed the following:

(a) 15$ USD if the total fine amount does not exceed 100$ USD;
(b) 35$ USD if the total fine amount exceeds 100$ USD but not 500 $
USD;
(c) 20% USD of the total amount of the fine if it exceeds 500$ USD.

Community support fees are to be paid with the fine amount. For each
support fees received, the fees will be separated equally between the Free
Justice Aid and the Social Services Aid.

Part 2 – Prosecuting party

Article 12. The following may prosecute:

(a) His Majesty, the King;
 (b) the Attorney General;
(c) the Royal Prosecution;
(d) any individual authorized by a judge to institute proceedings.

Article 13. A request to institute proceedings under article 12(d) of this act
should be made to a sitting judge of the Criminal Court for the jurisdiction in
which the offence took place.

The judge shall listen to the allegations in support of the request. The
requesting party may present sworn depositions of witnesses, videos,
pictures, recordings and any other necessary elements to the support of the
request.

The judge shall authorize the proceedings if he has reasonable grounds to

believe that an offence has been committed. The requesting party must also
prove the court that he attempted by all means to have the Royal Prosecution
institute a proceeding, but that those requests we’re refused. If the right to
prosecute is authorized, the judge shall transmit a notice to the Royal
Prosecution, the Attorney General, the Ministry of Justice and the crown.

Article 14. His Majesty, the Ministry of Justice and the Attorney General
may at any time:
(a) take over the proceedings of a prosecution;
(b) order proceedings be suspended;
(c) require the authorized prosecutor submits more evidence.

In any of these cases, the intervening party must notice the court and the
prosecuting party of their intervention within a proceeding.

Article 15. The prosecuting party may withdraw a charge at any time
before a trial. During a trial, no charged may be withdrawn except with
authorization from a judge.

If the prosecuting party withdraws a charge, the prosecutor must send a

notice of withdrawal to the defendant and to the court even if they we’re
present in court during withdrawal.

Article 16. No one may be prosecutor a second time for an offence for
which proceedings were not continued within six months of being stayed or
in respect of which the count has been withdrawn.
Article 17. Criminal proceedings are prescribed by one year from the date
of the commission of the offence.

Exception to this article is established to major offences under the Criminal

Code where a sentence of over 10 years imprisonment, where the delay can
go up to 5 years.

A prosecuting party may require from the court longer delay to manage
elements of proof and facilitate the courts work.

Article 18. To protect defending parties from cruel justice proceedings, the
proceedings may not exceed 30 months except in cases where a defendant
waives his right to a fast trial.

Article 19. Prescription is interrupted by the service of a citation or notice

of indictment to the defendant.

Part 3 – Servicing proceedings

Article 20. Servicing written proceedings under this act may be made by
mail, by a peace officer, by bailiff or email with proof of reception.

Article 21. Service by mail is made by sending the proceeding by

registered mail to the residence or business establishment of the person for
whom it is intended or, in the case of a legal person, to its head office, one of
its establishments or the business establishment of one of its agent.

Regarding registered mail, service is deemed to be made on the date on

which the notice of receipt or delivery of the proceeding is signed by the
person for whom it is intended.

Article 22. Service by email is made by sending the proceeding by email

through a protected email platform to a known email owned by the
individual. In this case, the person must return an email of reception or any
type of proof that an email was opened or read.

Article 23. Service by peace officer or bailiff is made by delivery of the

proceeding to the person for whom it is intended. It may also be made at his
residency by delivery of the proceeding to a reasonable person living there.
Service on a business may be made at its head office, one of its place of
business or the place of business of one of its agents by delivery of the
proceeding to one of its officers or agents or a person in charge of the
premises.

Article 24. Servicing proceedings outside of Lenards shall be done by

electronic means as much possible.

Article 25. Service of a written proceeding on a person in a detention

facility is made by delivery of the proceeding to the person by a peace
officer within the establishment.

Article 26. If an individual being served a written proceeding refuse to

receive it, the person serving it shall record the refusal, with the place, date
and time of refusal. The proceeding is deemed to have been served at the
time of the refusal.

The person serving the proceeding must attempt to leave a copy of it by any
appropriate means.

Article 27. A person serving a written proceeding shall make an attestation

of service. This attestation shall contain his name, the name of the person to
whom he delivered the proceeding, the place, date and time of service.

Every attestation is deemed to have been made under oath.

Article 28. Where service is made by registered mail, the notice of receipt
or, as the case may be, the notice of delivery served as an attestation of
service.

Article 29. Where a proceeding requires service on an individual under the

age of 18 years old, the service must be made on his parents or, as the case
may be, to the person holding parental authority.

Article 30. Any means of service, whether it might look irregular or not, is
deemed valid if a judge is satisfied that the person for whom it is intent has
examined the written proceeding or was given reasonable opportunity to
exam the proceeding.
Part 4 – Presenting requests

Article 31. Unless otherwise provided, any requests to a judge under this
act are made orally without necessary prior notice.

Article 32. A written request must briefly and precisely state the facts and
grounds on which it is based and the conclusions sought. It must be
accompanied with an affidavit attesting the truth of the facts stated.

Prior notice must be given of the date and place of a written request will be
presented.

Article 33. Unless otherwise provided, every prior notice and, where such
is the case, every written requests and affidavit must be served on the
adverse party and the court not less than five open days before the date of
the request.

Article 34. A request is contested orally, unless a judge deems a written

contestation is necessary.

Part 4 – Summons of witnesses, warrants and child arrests

Article 35. Each party may, through summons, summon his witnesses
himself or request a judge of the court of competent jurisdiction in the
judicial district where the witness is to be heard to sign a summons.

A summons required the witness designated therein by name to attend at the

date, time and place indicated to testify and, where such is the case, to bring
with him anything mentioned that is relevant to the issue and in his
possession or under his control.

A summons issued to a witness without signature from a judge is authorized,

but if the witness is absent, no legal consequences may arise from that
absence.

Article 36. A witness served with a summons is required to attend at the

date, time and place indicated therein and to remain in attendance until the
judge before whom he is called to testify releases him from that obligation.
Article 37. For a witness abroad, the court may use videoconference means
if deemed reasonable.

Article 38. The authorization of a superior judge is required and must be

recorded with the summons where the witness is

(a) a member of the crown;

(b) a member of the government;
(c) a judge;
(d) a person in a detention facility.

The judge may only grant authorization if he is satisfied that the testimony
of the witness is useful to allow the prosecutor to prove the commission of
an offence, to afford the defendant the benefit of a full and complete defense
or to allow a judge to rule on a question submitted to him.

Article 39. Where the person summoned is a person in detention, the

director of the facility must ensure that he is brought to the place indicated in
the summons at the date and time indicated therein.

Article 40. At all times, the court shall prefer videoconference for anyone
detained in a correctional facility.

Article 41. A summons must be served not less than 5 open days before the
date of examination of the witness. Where the witness is an individual stated
in article 38, the summons must be served not less than 10 open days before
the date of his examination.

Article 42. In case of emergency, a judge having authority to sign a

summons may, upon request, reduce the time of service of a summons to not
less than 20 hours before the witness is to be examined. However, where the
witness is an individual stated in article 38, only a superior judge may
authorize a reduction of the time for service and the time may not be reduced
to less than 28 hours.

Article 43. A judge before whom a witness is called to appear who finds
that the witness has failed to appear before him or has left the place of the
hearing without having been released from the obligation of remaining in
attendance may
 (a) order that a new summons be served on the witness;
(b) issue a warrant for arrest if he is satisfied that the witness can give
useful evidence and, on the strength of proof of the receipt of the
summons, that he was duly summoned, or that the witness is
attempting to evade justice.

Article 44. A warrant for arrest against a witness shall be issued by a judge
of the judicial district where the witness is to be examined if the judge is
satisfied that the witness can give useful evidence and

(a) will not appear to testify even if duly summoned;

(b) is evading service of a summons;
(c) has failed to comply with the conditions determined under article 52.

Article 45. A warrant for arrest against a witness must use the form in
annex to this act “Warrant for Arrest”. The judge who issues it must also
sign it.

Article 46. A warrant for arrest is valid anywhere in Lenards by a peace

officer, or abroad to international partners. A warrant for arrest against a
witness is valid for a period of 1 year and then is declared null, however, a
judge may renew before the expiry date that warrant.

Article 47. Anyone arresting a witness under a warrant for arrest must use
the form in annex to this code “Attestation of Warrant Service” in annex to
this act.

The person while arresting shall not use more force than necessary.

Article 48. To execute a warrant of arrest, a person may enter any place
where he has reasonable grounds to believe the person he has been ordered
to arrest is to be found, in order to arrest him.

Before entering the place, he shall give a notice to a person in the place of
his presence and of the purpose of his presence, unless he has reasonable
grounds to believe that that would allow the witness to abscond.

Article 49. An individual arrested under a warrant while being under 18

years of age must be submitted to custody of the Child Protection Services
for detention.
Article 50. The parents or legal guardian of the child must be informed
within a reasonable delay of the arrest of their child, the reason and the place
of detention.

Article 51. After his arrest, the individual must be brought, promptly and at
the latest within 24 hours, before the judge whom he is to testify or appear
or, if he is not sitting, before another judge of the judicial district where he is
to testify or appear. If no judge is available within the prescribed time, the
individual must be brought before a judge of another district as soon as
possible.

Article 52. The judge before whom the arrested individual is brought shall
order his release on such conditions as he may determine, particularly
furnishing the security, if he is satisfied that the detention of the witness it
not necessary to ensure his attendance at the hearing where his testimony or
proceeding is required; otherwise, the judge shall order that the individual
remain detain.

Article 53. The order for conditional or unconditional release or for

detention may, on request, be reviewed by a superior judge of the district
where the order was made.

Article 54. Examination of a witness detained in custody must begin

without undue delay and not later than the 10 days following his arrest or the
order for continued detention by the superior court; otherwise the witness
must be released unless he is detained for some other reason.

Part 5 – Rules of evidence and means of defense

Article 55. The defenses and justifications recognized under the Criminal
Code are recognized and applicable under this act.

Article 56. The rules of evidence in criminal proceedings apply to all

similar matters, adapted as required and subject to the rules provided in this
act or any other act in respect of offences thereunder and subject to the law.

Article 57. The citation in the form prescribed in “Citation” annexed to this
act has the same value and effect as evidence given under oath by the prace
officer or the person entrusted with the enforcement of any act who issued
the citation.

Article 58. The defendant may require that the prosecutor summon as a
witness the person whose citation or report has the same value and effect as
evidence.

Article 59. The prosecutor is not required to allege in the citation that the
defendant does not have the benefit of an exception, exemption, justification
or excuse provided for by law.

The defendant is the only person responsible for establishing that he has
benefit of an exception, exemption, justification or excuses as provided for
by law.

Article 60. Proof of the issue and content of any certificate, license, permit
or other authorization required by an act for the carrying on of an activity
may be made by producing, before the judge, either the authorization or an
attestation signed by the person having the authority to issue such an
authorization.

Proof that the authorization was not granted or was suspended or that
conditions or restrictions were imposed or attached to the authorization may
be established by means of an attestation signed by the person having the
authority to issue such authorization.

Notwithstanding the foregoing, where it is alleged that the defendant failed

to comply with the obligation imposed by an act to hold such authorization,
he must establish the fact that he holds the authorization.

Article 61. Proof of the acquittal or conviction of the defendant, of the

withdrawal or the dismissal of a count, of the judicial stay or cancellation of
proceedings or of the suspension of proceedings may be established by
means of a certificate attesting such fact, signed by the judge who rendered
the judgment or decision or by the clerk who entered it in the minutes or by
means of a copy, certified by the court clerk, of the judgment decision.

Article 62. No witness shall be excuses from answering any question on

the ground that the answer to the question may tend to criminate him, or may
tend to establish his liability to another proceeding.
Article 63. If a witness has difficulty communicating by reason of a
physical disability, the court may order that the witness be permitted to give
evidence by any means that enables the evidence to be intelligible.

Article 64. For greater certainty, a witness may give evidence as to the
identity of an accused whom the witness is able to identify visually or in any
other sensory manner.

Article 65. Where in any trial or other proceeding, it is intended by the

prosecution or the defense, or by any intervening party to examine as
witnesses professional or other experts entitled according to the law or
practice to give opinion evidence, not more than 5 of such witnesses may be
called on either side without the leave of the court or judge or person
presiding.

Article 66. Comparison of a disputed writing with any writing proved to

the satisfaction of the court to be genuine shall be permitted to be made by
witnesses, and such writings, and the evidence of witnesses respecting those
writings, may be submitted to the court and jury as proof od the genuineness
or otherwise of the writing in dispute.

Article 67. A party producing a witness shall not be allowed to impeach his
credit by general evidence of bad character, but if the witness, in the opinion
of the court, proved adverse, the party may contradict him by other evidence,
or, by leave of the court, may prove that the witness made at other times a
statement inconsistent with his present testimony.

Article 68. A witness may be questioned as to whether the witness has

been convicted of any offence, excluding any offence designated as a
contravention but including such an offence where the conviction was
entered after a trial on an indictment.

Article 69. Every court and judge, and court clerks have power to
administer an oath to every witness who is legally called to give evidence
before that court, judge or person.

Article 70. A person may prefer, instead of taking an oath, make the
following solemn affirmation:
 (a) “I solemnly affirm that the evidence to be given by me shall be the
truth, the whole truth and nothing but the truth.”

Article 71. If a proposed witness is a person over the age of 12 years old
whose mental capacity is challenged, the court shall, before permitting the
person to give evidence conduct an inquiry to determine:
(a) whether the person understands the nature of an oath or a solemn
affirmation;
(b) whether the person is able to communicate the evidence.

A person mentioned above who understands the nature of an oath or a

solemn affirmation and is able to communicate the evidence shall testify
under oath or solemn affirmation.

If this person does not understand the nature of an oath or a solemn

affirmation but is able to communicate the evidence may, notwithstanding
any provision by any act requiring an oath or a solemn affirmation, testify on
promising to tell the truth.

If the person does not understands the nature of an oath or a solemn

affirmation nor is able to communicate the evidence shall not testify.

Article 72. A person under the age of 12 years old is presumed to have the
capacity to testify.

A proposed witness under 12 years old shall not take an oath or make a
solemn affirmation despite a provision of any act that required an oath or
solemn affirmation.

The evidence proposed by the witness under 12 years old shall be received if
they are able to understand and respond to questions.

The court may require from that witness to promise to tell the truth.

Article 73. Judicial notices shall be taken of all acts and all ordinances by
the crown.
Part 6 – Arrests

Article 74. A peace officer that has reasonable grounds to believe that a
person has committed an offence may require the person to give him his
name and address, if he does not know them, so that a citation may be
prepared.

A peace officer that has reasonable grounds to believe that the person has
not given him his real name and address may require further information
from the person to confirm their accuracy.

Article 75. A person may refuse to give his name and address or further
information to confirm their accuracy so long as he is not informed of the
offence alleged against him.

Article 76. A peace officer may arrest without a warrant a person informed
of the offence alleged against him who, despite the peace officer’s demand,
fails or refuses to give him his name and address or further information to
confirm their accuracy.

The person so arrested must be released from custody by the person

detaining him once he gives his name and address or once their accuracy is
confirmed.

Article 77. A peace officer who finds a person committing an offence may
arrest him without a warrant if that is the only reasonable means available to
him to put an end to the commission of the offence.

The person so arrested must be released from custody by the person

detaining him once the latter person has reasonable grounds to believe that
detention is no longer necessary to prevent, for the time being, the repetition
or continuation of the offence.

Article 78. A peace officer may require security from a defendant on whom
a citation is being served if he has reasonable grounds to believe that the
defendant is about to abscond by leaving the territory of Lenards. In no case,
however, may he require security from a person under 18 years of age.

The security is equal to the amount of the minimum fine prescribed for the
offence described in the citation plus the costs fixed by regulation.
The security is payable in cash or otherwise, as prescribed by regulation.

Article 79. Security in a greater amount than that described in article 78

may be required from a defendant 18 years of age over provided it is fixed,
upon the request of a peace officer made before service of the citation on the
defendant, by a judge of the judicial district where the proceeding may be
instituted.

The judge shall not order the furnishing of security in a greater amount
except where the applicant satisfies him that the amount described in article
78 is insufficient to guarantee payment of the fine and costs requested and
that, if security in a greater amount is not required, the defendant will elude
justice by leaving the territory of Lenards.

The security is payable in cash or otherwise, as the judge may determine.

Article 80. A peace officer who receives the required amount of security
shall give the defendant a receipt attesting the payment of the security.

Article 81. A peace officer who required from a defendant that a security
be paid, may without a warrant arrest a defendant who refuses or neglects to
pay it.

A defendant so arrested shall be released from custody by the person

detaining him once the amount of the security is paid.

Article 82. A peace officer who makes an arrest shall declare his name and
quality to the person he is arresting and inform him of the grounds for his
arrest.

He shall not use more force than necessary.

Article 83. No peace officer may, for purpose of this part, enter any place
that is not accessible to the public except in the cases provided for in articles
84 and 85.

Article 84. A peace officer may enter a place that is not accessible to the
public if he has reasonable grounds to believe that a person there is
committing an offence which may result in danger to human life or health or
the safety of persons or property and that arresting him is the only
reasonable means available to him to put an end to the commission of the
offence.

Before entering the place, the peace officer shall, if possible, depending on
whether persons or property need to be protected, give a notice of his
presence and of the purpose thereof to a person in the place.

Article 85. A peace officer who has reasonable grounds to believe that a
person is fleeing from arrest may pursue him into the place where he is
taking refuge.

Before entering the place, the peace officer shall give a notice of his
presence and of the purpose thereof to a person in the place, unless he has
reasonable grounds to believe that that might allow the person to be arrested
to abscond.

Article 86. A peace officer shall not use more force than necessary to enter
a place.

Article 87. A person under 18 years old who is arrested and who cannot be
released from custody pursuant to articles 74 and 75 shall be committed to
the custody of the Child Protection Services.

Article 88. Every arrested individuals who has not been released from
custody must be brought promptly before a judge in the judicial district
where he was arrested or where proceedings were instituted and at the latest
within 24 hours after his arrest. If no judge is available within that time, the
individual must be brought as soon as possible before a judge in another
district.

Article 89. The judge shall give every arrested individuals appearing before
him and on whom either a citation or indictment was carries, the opportunity
to plead guilty or not guilty. If the individual pleads guilty, the judge shall
convict him of the offence and impose a sentence on him according to law.
If the person pleads not guilty, the judge shall set a date for the trial.

Article 90. A person who pleads guilty shall not, except if a judge deems it
necessary, obtain the maximum sentence. If there is a minimum sentence,
the person shall automatically be sentenced to that minimum sentence.
Article 91. A person who pleased not-guilty becomes illegible to maximum
sentence if found guilty. A judge must inform the individual before
registering their plea that they become illegible to maximum sentence.

Article 92. The judge before whom an arrested person appears shall release
him from custody, unless he is satisfied that the detention of the person is
justified under articles 74 and 75.

Article 93. The order for conditional or unconditional release from custody
or for continued detention may, upon an application, be reviewed by a
superior judge.

Prior notice of not less than one open day of the application must be served
on the adverse party.

Article 94. The trial of proceedings instituted against an accused whose

detention is continued shall begin without undue delay and not later than 12
days following his arrest or the order of a superior judge. Otherwise, the
accused must be released from custody unconditionally unless he has caused
the trial to be delayed or unless he is detained for some other reason.

Part 7 – Searches

Article 95. A search is authorized by a warrant. It may be authorized by a

telewarrant where the circumstances, such as the time or distance that would
be involved in obtaining a warrant, are likely to prevent the search. No
search may be made without a warrant or telewarrant except where the
person in charge of the premises agrees to the search or in exigent
circumstances.

Circumstances are exigent where the time necessary to obtain a warrant or

even a telewarrant may result in danger to human health or to the safety of
persons or property or in the disappearance, destruction or loss of the thing
searched for. However, no search without a warrant or telewarrant may be
made in a dwelling except in an emergency where the person making the
search has reasonable grounds to believe that the health or safety of a person
is in danger.
Article 96. A person who proposes to make a search without a warrant or
telewarrant must also have reasonable grounds to believe that an offence has
been committed and that the thing searched for is located in the place where
he proposes to make the search.

Article 97. An application for a search warrant or telewarrant may be made

by a peace officer.

Article 98. An application for a search warrant is made orally but must be
supported by an affidavit.

In the case of a telewarrant, the request and a statement are made by

telephone or by any other means of telecommunication.

The statement of the request may omit the names of persons who constitute
sources of information or facts that may lead to the disclosure of such
sources.

Article 99. The judge to whom a request for a search telewarrant is made
by telephone or by any other means of telecommunication that does not
allow communication in written form shall record the applicant’s statement
verbatim either in writing or by mechanical means. The statement is deemed
to be made under oath.

Article 100. A judge who issued a search warrant should use the form
“Search Warrant” in annex to this act.

Article 101. A search warrant may be issued at any time by a judge having
jurisdiction in the judicial district where the search is to be made or in the
district where the offence was reportedly committed. The judge who issues it
must sign it.

Article 102. No search warrant or telewarrant may be issued unless the

judge is satisfied that the person applying therefor has reasonable grounds to
believe that an offence has been committed and that the thing searched for is
located in the place where he proposes to make the search. In the case of a
telewarrant, the judge must also be satisfied that circumstances make it
possible for the person to apply for a warrant.

Article 103. The search warrant or telewarrant is executor in Lenards.

Article 104. The execution of a search warrant or telewarrant cannot
commence more than 15 days after it is issued nor, without the written
authorization of the judge who issued it, before 7 am or 8 pm or on a
holiday.

Article 105. A person conducting a search must, if there are persons present
on the premises where the search is made:

(a) declare his name and position;

(b) specify the offence giving rise to the search to the person on whose
premises the search is made or, in his absence, the person who
declares that he is in charge of them;
(c) allow that person or the person in charge, as the case may be, to
examine the warrant or telewarrant and leave him a copy of it;
(d) ask that person or the person in charge, as the case may be, to hand
over the things searched for.

Article 106. A person making a search may enter the place wherein he is
authorized to search for a thing.

He may also search any person present on the premises where the search is
made if he has reasonable grounds to believe that the person has the thing
searched for on his person.

If the person must use force in making the search, he shall not use more
force than necessary.

Article 107. A person authorized, in accordance with this act, to search the
data contained in an information technology medium or data accessed by
that medium may use or cause to be used any computer, equipment or other
thing that is on the premises to access such data and to search for, examine,
copy or print out such data. The person may seize and remove such a copy
or printout.

The person in charge of the premises being searched must see to it that the
authorized person is able to proceed with the required operations provided
for in the first paragraph.
Article 108. Where a person makes a seizure during a search, he shall record
the seizure in minutes containing:

(a) indication of the place where the seizure was made;

(b) the date and time of the seizure;
(c) the number of the search warrant or telewarrant or the reasons for
which the seizure was made without a warrant or telewarrant;
(d) a summary description of the thing seized;
(e) if they are known, the name of the person from whom the thing was
seized and the name of the person on whose premises the search was
made or, in his absence, the name of the person in charge of them;
(f) any information by which the person entitled to the thing seized may
be identified;
(g) the name and position of the seizor.

Article 109. Where a search is made when no one is on the premises, the
person making the search shall affix in a conspicuous place on the premises
a notice indicating that a search has been made there.

Article 110. A person who has executed a search warrant or telewarrant or

who, if it was not executed, applied therefor, shall make a written report
thereon.

The report must be filed, along with the warrant or the duplicate of the
telewarrant and, where a seizure was made, the minutes of seizure, with a
judge having jurisdiction to issue a search warrant in the judicial district
where the warrant was issued or where the original of the telewarrant was
filed, as the case may be.

The report must be filed within 8 days of the expiry of the period for
executing a warrant unless the judge grants an extension for the filing.

Article 111. Seized objects shall remain in possession of the enforcement

agency who seized the said objects. They should keep them until the court
either decided to destroy them or release them to the legitimate owner.

Part 8 – Judicial district

Article 112. Criminal proceedings should be instituted in the judicial district

where the offence was committed.
Article 113. An offence committed in between two judicial districts should
take place in the one preferred by the prosecution.

Part 9 – Citation

Article 114. Statute proceedings shall be instituted by way of a citation.

Article 115. Statute proceedings are minor offences committed under

another act than the criminal code.

Article 116. The form of the citation is under “Citation” and annexed to this
act.

Article 117. A citation is deemed to have been made under oath.

Article 118. A citation shall contain:

(a) name and position of the person issuing the citation;

(b) the prosecutor information;
(c) where to send the plea;
(d) fine;
(e) offence
(f) defendant’s information.

Article 119. The citation should include one offence per citations.

Article 120. The offence should contain a brief description of the offence.

Article 121. Each offences must be sufficiently detailed as to the offence

and the circumstances in which it was committed to allow the defendant to
know what he is accused of and to obtain a full and complete defense.

Part 10 – Procedures prior to trial

Article 122. The defendant shall transmit a plea of guilty of not guilty within
30 days after service of the statement, to the place indicated therein.
Article 123. A defendant who enters a plea of guilty shall transmit with his
plea the whole amount of the fine and costs required. Otherwise, he could be
liable to pay an additional amount of costs fixed by the court.

Article 124. For statute proceedings, a defendant shall always receive the
minimum sentence.

Article 125. A peace officer requiring another sentence than minimum, must
request so through a judge.

Article 126. A defendant who pays the whole amount of the fine and costs
requested without entering a plea is deemed to have transmitted a plea of
guilty.

Article 127. Any partial payment of a fine and costs transmitted with or
without a plea is deemed to be a security for payment of the fine and costs in
case of conviction.

Article 128. The court clerk of the judicial district in which the proceedings
were instituted shall advise the defendant and the prosecutor of the place,
date and time set

(a) for the pronouncement of conviction and the hearing on the

contestation of the sentence where the defendant has transmitted a
plea of guilty with an indication of his intention to contest the greater
sentence imposed on him;
(b) for trial of the proceedings where the defendant has transmitted a plea
of not guilty.

Article 129. The defendant may, at any time before the trial, enter a plea of
guilty or pay the whole amount of the fine and costs requested and the
amount of additional costs prescribed by regulations in respect of such cases.

Part 11 – Preliminary requests

Article 130. The fact that a defendant has transmitted a plea of not guilty
does not prevent him from making a preliminary request;
Article 131. No preliminary request may be made by either party in the case
of proceedings that the defendant is deemed not to contest.

Article 132. A preliminary request may be made before the date set for the
trial to a judge having jurisdiction to try the proceedings in the judicial
district where the proceedings were instituted or, during trial, to the
presiding judge, with his leave. Where a defendant is deemed to have
transmitted a plea of not guilty, a preliminary request may also be made by
the prosecutor to a judge having jurisdiction to conduct the trial in the
judicial district.

Prior notice of such an request must be served on the adverse party unless
both parties are present before the judge. The notice must be filed in the
office of the court of competent jurisdiction in the judicial district where
proceedings were instituted.

Notwithstanding the foregoing, where the request is made by the defendant,

the notice transmitted with the plea to the place indicated in the statement of
offence has the same value and effect as the service and filing.

Article 133. The judge to whom a preliminary request is made may, if need
be, set a new date for trial of the proceedings.

Article 134. A preliminary application may be made to:

(a) have the record of the case transferred;

(b) have the proceedings tried in another judicial district;
(c) obtain further details as to the charge;
(d) have a count amended
(e) have the citation amended;
(f) have the counts contained in the indictment or citation tried separately
or to have counts contained in more than one statement tried jointly;
(g) allow a defendant to obtain a separate trial;
(h) obtain the dismissal of the proceedings.

Article 135. On request of either party, the judge may order, in the interests
of justice, that the trial be held in another district. The clerk shall thereupon
transmit the record to the office of the court of competent jurisdiction in the
district designated in the order.
Article 136. Where a request for transfer is made by the defendant and is to
the effect that the trial be held in the district of his residence, a judge having
jurisdiction to try the proceedings in that district shall make the order for
such transfer if he is satisfied that the change applied for is in the interests of
justice, taking into account the costs of attendance that the witnesses to be
summoned by the prosecutor as well as by the defendant will incur as a
result of the change.

In addition, prior notice of the request must be served on the clerk of the
court of competent jurisdiction in the judicial district where proceedings
were instituted. Where the order is made, it shall be served on the said clerk,
who shall then transmit the record to the office of the court designated in the
order.

Article 137. On request from the defendant, the judge shall order the
prosecutor to furnish further details as to the offence and the circumstances
in which it was committed if he is satisfied that such details are necessary to
allow the defendant to know what he is accused of and to prepare a full and
complete defense.

Article 138. On request of the prosecutor, a judge on such conditions as he

determines and if he is satisfied that no injustice will result therefrom, shall
allow him to amend a count so as to add a detail or correct an irregularity,
and in particular to include in it, in express terms, an essential element of the
offence. In no case may the judge allow one defendant to be substituted for
another or one offence to be substituted for another.

Article 139. On the request of either party, the judge shall, on the conditions
he determines, allow a citation or indictment to be amended to clarify a
detail or correct an irregularity not related to the count.

Article 140. On the request from the defendant, the judge may order, in the
interests of justice, that a separate trial be held on each of several counts in
an indictment or citation.

Article 141. On the request of either party, the judge may order, in the
interests of justice, that a joint trial be held on several counts described in
separate citations or indictments issued against the same defendant.
Article 142. On request of one of several defendants jointly accused of
having committed the same offence, the judge may order, in the interests of
justice, that a separate trial be held for that defendant.

Prior notice of the request must be served on all parties to the case.

Article 143. On request of the defendant, the judge shall order the dismissal
of a count if he is satisfied that

(a) the defendant has already been acquitted or convicted of the offence
described in the indictment or citation or been in jeopardy for the
offence;
(b) the offence is prescribed;
(c) the defendant has immunity from prosecution;
(d) the prosecutor does not have the authority to institute the proceedings.

Notwithstanding the foregoing, where an amendment or the citation or

indictment can correct the irregularity that has been established, the judge,
rather than ordering the dismissal of the count, shall, on such conditions as
he determines and if he is satisfied that no injustice will result therefrom,
allow the prosecutor to make the amendment. In no case may the judge
allow one defendant to be substituted for another or one offence to be
substituted to another.

Part 12 – Trial

Article 144. Where the defendant has transmitted a plea of not guilty, the
proceedings shall be tried by a judge of the judicial district where they were
instituted.

Article 145. Where a defendant on whom a citation was duly served is

deemed to have transmitted a plea of not guilty, the proceedings shall be
tried and judgment rendered in the absence of the defendant. In such a case,
a witness may, should the prosecutor so choose, make his deposition at a
distance using any technological means that allows the witness to be
identified, heard and seen live.
Where in addition, the prosecutor fails to attend the trial, the judge may
either try the proceedings in the absence of the parties if the evidence is in
the record and render judgment by default, or adjourn the trial.

Article 146. The prosecutor and the defendant may act in person or through
an attorney. A legal person may act through one of its directors or other
officers or through an attorney.

Article 147. The judge may admit or reject a plea of guilty entered before
him by a defendant before judgment is rendered. If he admits it, he shall
render judgment, if he rejects it, he may either adjourn or proceed with the
trial.

Article 148. The trial shall be held in open court unless presiding judge
orders that it be held through a video communication platform.

Article 149. No person shall publish or broadcast information allowing the

identification of a person under 18 years old against whom proceedings are
brought or who is a witness in proceedings, except to the extent that
communication of the information is necessary for the administration of
justice or for the purposes of any act.

Furthermore, the judge may, in special cases, prohibit or restrict, on the

conditions he fixes, the publication or broadcast of information relating to
court proceedings brought against a person under 18 years old.

The judge may also, in special cases, prohibit or restrict, on the condition he
fixed, the publication or broadcast of information relating to court
proceedings or able to identify the persons which he identifies, whatever
their age.

Any person who contravenes a provision of this article commits criminal

contempt of court may is automatically issued a fine of 10 000$ USD.

Article 150. The judge may adjourn the trial of his own motion or on the
request of either party. He may then condemn the party who applied for the
adjournment to pay the costs fixed by the court.

Article 151. Where a defendant is under 18 years and a duplicate of the

indictment or citation has not been served on his parents, or as the case may
be, where the notice of his arrest has not been given to them, the judge may
either try the proceedings and render the judgment or order that the
statement be server on them or that the notice be given to them and adjourn
the trial for that purpose.

Article 152. Where the defendant is detained, no adjournment of his trial

may exceed 8 days without his consent unless he is detained for some other
reason.

Article 153. A judge who adjourns the trial may, on request and with the
consent of the parties, continue the trial on a date prior to that fixed at the
time of the adjournment if he is satisfied that fixing a new date for the trial
will facilitate the administration of justice.

Article 154. The prosecutor has complete freedom within the limits
prescribed by law in the conduct of the proceedings and the defendant has a
right to a full and complete defense.

Article 155. The prosecutor shall first present the evidence of the
commission of the offence, the defendant may then, if he elects to do so,
produce his defense and, finally, the prosecutor may adduce evidence in
rebuttal.

Article 156. The trial judge shall hear the witnesses summoned or the
persons present at the trial whose testimony may be required by the
prosecutor or the defendant. The judge may also order the persons to testify
if he is satisfied that their testimony may be useful.

Article 157. Where the trial judge discovers any ground for dismissal of a
count, he shall raise that fact of his own motion. He then has the powers and
obligations of a judge having a preliminary application before him for
dismissal of a count.

Article 158. After the prosecutor declares his proof closed, the defendant
may apply for acquittal by reasons of the total absence of proof of an
essential element of the offence.

Article 159. The judge, upon request, shall allow a party to submit proof of
a new fact or of a fact that he inadvertently omitted to prove, even after the
parties declared their proof closed, if he is satisfied that no injustice results
thereby.

Article 160. Unless he has made a defense, the defendant shall make his
address after that of the prosecutor. The judge may allow the party who
made his address first to reply.

Article 161. The trial of proceedings cannot be continued where more than
one year has elapsed from the date of suspension of proceedings.

A defendant cannot be prosecuted a second time for an offence for which

proceedings were suspended and not continued or for an offence resulting
from the same facts or the same event.

Article 162. A judge may, on his own initiative or on a party’s request, order
that a pre-trial conference be held to discuss the measures likely to promote
a quick and efficient trial.

Part 13 – Judgment

Article 163. The judge who renders judgment may acquit the defendant,
convict him or dismiss the proceedings.

Article 164. Where a citation or indictment contains several counts arising

from the same facts or the same events, the judge may render judgment on
each count. He shall commence with the count describing the most serious
offence and continue in decreasing order to the count describing the least
serious offence.

Article 165. Where a judge acquits a defendant of an offence, he may

nevertheless convict him of a lesser offence established by the evidence and
included in the offence of which the defendant was acquitted.

Article 166. When rendering judgment, the judge shall, where applicable in
accordance with this act, make an order the disposition of things seized or
the proceeds of the sale thereof that are still in detention, and of things
submitted in evidence. The order is executor only after the expiry of 30 days,
unless the parties waive that period.
Article 167. When rendering judgment, the judge may

(a) order the defendant to pay the costs fixed by regulation where he
convicts him of an offence and imposes a fine on him;
(b) order the prosecutor to pay to the defendant the costs fixed by
regulation if he considers the proceedings to be an abuse or clearly
unfounded;
(c) order the defendant or the prosecutor, as the case may be, to pay the
costs fixed by regulation where it has been decided that they would be
determined upon judgment on the proceedings.

Article 168. Before imposing sentence, ordering payment of the costs or

making any other order, the judge rendering judgment shall give each party
present an opportunity to be heard in that regard.

Article 169. Once rendered, every judgment is final and cannot be upheld,
quashed or amended except by superior courts.

Article 170. A judgment rendered orally is deemed rendered on the date it is

pronounced, while a judgment rendered in writing or for which the reasons
are given in writing is deemed rendered on the date of filing of the writing in
the court record.

Article 171. Where sentence is imposed on a date subsequent to that of the

judgment of guilty, the judgment is deemed rendered on the date of
sentence. However, if the sentence is imposed or the reasons therefor are
given in writing, the judgment is deemed rendered on the date of filing of the
writing in the court records.

Part 14 – Sentencing

Article 172. Where a judge convicts an accused of an offence, he shall

impose upon him a sentence within the limits prescribed by law, taking into
account in particular the special circumstances relating to the offence or to
the defendant and any period of detention served by the defendant in respect
of the offence.

Article 173. Where an offence continued for more than one day, the judge is
not bound to impose a sentence for each day or part of a day for which the
offence continued if he is satisfied that the prosecutor unduly delayed to
institute proceedings.

Article 174. Where no sentence is prescribed in an act for an offence, the

sentence shall be a fine of 100$ USD to 3 000$ USD.

Article 175. Unless otherwise provided by law, a sentence applicable to a

legal person is also applicable to a partnership or their directors or
representative.

Article 176. Where the defendant is under 18 years old, no fine to which he
is liable may, notwithstanding any provision to the contrary, exceed 1 000$
USD.

Article 177. Where the defendant is a legal person, a fine of 500$ USD per
days of imprisonment shall be substituted for any compulsory term of
imprisonment prescribed as a sentence for the offence committed by that
defendant.

Article 178. A term of imprisonment is executor upon sentence.

Notwithstanding the first paragraph, the period of detention begins to run

only from the time the defendant is imprisoned under a notice of detention.

Article 179. A term of detention is interrupted for the whole time that the
defendant is released from custody according to law or is unlawfully at
large. It begins to run against upon his re-imprisonment to finish serving his
sentence.

Article 180. When imposing more than one term of imprisonment on a

defendant or imposing a term of imprisonment on a defendant who is
already in detention, a judge may order that the terms run consecutively.

Article 181. A superior judge may sentence an individual to be executed

under provision of the Death Sentence Act.

Article 182. If the prosecution or defense is unsatisfied with the judgment,

they may require a review by addressing a request to the Court of Appeals,
according to the Appeals Proceedings Act.
ANNEXES
ANNEX #1 – WARRANT FOR
ARREST AND ATTESTATION
OF WARRANT SERVICE
 KINGDOM OF LENARDS
LENARDIAN JUSTICE
CRIMINAL COURT
FOR THE DISTRICT OF
IN THE CITY OF

FILE NUMBER:

WARRANT FOR ARREST

UPON CRIMINAL COURT

TO ALL PEACE OFFICERS WITHIN THE KINGDOM OF LENARDS

WHEREAS THE CRIMINAL COURT HAS ISSUED A WARRANT FOR THE

ARREST OF ____________________________ BORN ON ________________
REFERRED TO IN THIS WARRANT AS THE ACCUSED.

BECAUSE THE ACCUSED HAS BEEN CHARGED WITH

AND BECAUSE

THERE ARE REASONABLE GROUNDS TO BELIEVE THAT IT IS

NECESSARY IN THE PUBLIC INTEREST TO ISSUE THIS WARRANT
FOR THE ARREST OF THE ACCUSED.

THE ACCUSED FAILED TO ATTEND COURT IN ACCORDANCE WITH

THE SUMMONS SERVED ON THE ACCUSED.

AN UNDERTAKING WAS SIGNED UPON A JUDGE AND THE

ACCUSED FAILED TO ATTEND COURT IN ACCORDANCE WITH IT.

OTHER: ____________________________________________________

THEREFOR, YOU ARE ORDERED, IN HIS MAJESTY’S NAME TO

IMMEDIATELY ARREST THE ACCUSED AND TO BRING THEM BEFORE THE
CRIMINAL COURT FOR THE DISTRICT MENTIONED ABOVE TO BE DEALTH
WITH ACCORDING TO LAW.

SIGNED ON _________________ IN _________________

__________________________________ __________________________________
JUDGE NAME JUDGE SIGNATURE
 KINGDOM OF LENARDS
LENARDIAN JUSTICE
CRIMINAL COURT
FOR THE DISTRICT OF
IN THE CITY OF

FILE NUMBER:

ATTESTATION OF WARRANT SERVICE

UPON CRIMINAL COURT

WHEREAS WE HAVE RECEIVED FROM THE COURT A WARRANT FOR THE

ARREST OF ___________________________ BORN ON _________________
IN THE FILE NUMBER MENTIONED ABOVE.

THE SUSMENTIONNED ACCUSED HAS BEEN ARRESTED AND IS NOW

BROUGHT UPON A JUDGE TO ANSWER FOR HIS ACTIONS.

ARREST REPORT

Arresting officer:
Department:
Departmental ID:
Date and time of arrest:
Location of arrest:
Compliant?
Used violence?
Was caught committing a crime?

Was in possession of:

Was in the company of:

I solemnly declare that all the information mentioned in this attestation are to the
best of my knowledge, truth and honest.

SIGNED ON _________________ IN _________________

__________________________________ __________________________________
OFFICER’S NAME OFFICER’S SIGNATURE
ANNEX #2 – WARRANT FOR
SEARCH AND ATTESTATION
OF WARRANT SERVICE
 KINGDOM OF LENARDS
LENARDIAN JUSTICE
CRIMINAL COURT
FOR THE DISTRICT OF
IN THE CITY OF

FILE NUMBER:

SEARCH WARRANT
UPON CRIMINAL COURT

TO ALL PEACE OFFICERS WITHIN THE KINGDOM OF LENARDS

WHEREAS THE INFORMATION RECEIVED FROM

______________________, THE COURTS HAVE DETERMINED THAT THERE
WAS REASONABLE GROUNDS TO BELIEVE AN OFFENCE WAS OR IS
BEING COMMITED.

WHEREAS THAT THERE ARE REASONABLE GROUNDS FOR BELIEVING

THAT

(THINGS TO SEARCH FOR)

ARE IN

(PLACES AUTHORIZED TO SEARCH)

THIS IS THEREFORE, TO AUTHORIZE AND REQUIRE YOU BETWEEN THE

HOURS OF 7 AM AND 8 PM TO ENTER INTO THE SAID PREMISES AND TO
SEARCH FOR THE SAID THINGS AND TO BRING THEM BEFORE ME OR
ONE OF THE OTHER JUDGES IN THIS DISTRICT.

SIGNED ON _________________ IN _________________

__________________________________ __________________________________
JUDGE NAME JUDGE SIGNATURE
 KINGDOM OF LENARDS
LENARDIAN JUSTICE
CRIMINAL COURT
FOR THE DISTRICT OF
IN THE CITY OF

FILE NUMBER:
REPORT TO JUDGE OF A SEARCH WARRANT
UPON CRIMINAL COURT

WHEREAS WE HAVE RECEIVED FROM THE COURT A SEARH WARRANT

TO SEARCH ____________________________________________________

AND THAT WE HAVE EXECUTED THAT WARRANT.

SEARCH REPORT

WHEREAS we have searched the premises and found:

These elements are brought upon the judge for examination in accordance with
the Criminal Proceedings Act.

I solemnly declare that all the information mentioned in this report are to the best
of my knowledge, truth and honest.

SIGNED ON _________________ IN _________________

__________________________________ __________________________________
OFFICER’S NAME OFFICER’S SIGNATURE
ANNEX #3 – CITATION
(AMENDED)
 ED
END
AM
ANNEX #4 – NOTICE OF
DETENTION
 KINGDOM OF LENARDS
LENARDIAN JUSTICE
CRIMINAL COURT
FOR THE DISTRICT OF
IN THE CITY OF

FILE NUMBER:
NOTICE OF DETENTION
UPON CRIMINAL COURT

WHEREAS the Criminal Court for the District of ____________________

Sentenced ______________________ born on _____________ after being

found guilty according to the Criminal Code of

(Offences)

and

WHEREAS the Honorable Judge ___________________________ for the court

sentenced the accused to a period of _____ ( ) years ( ) months ( ) days of

imprisonment within a correctional facility.

It is required that the Lenardian Custody Enforcement takes custody of the

accused and accordingly to the laws in place, carries his detention in accordance
with all provisions of this law.

Accused is scheduled for release on _______________, and he ( ) is ( ) is not

eligible for parole after serving _____ ( ) years ( ) months ( ) days. Upon
release or parole, a notice must be sent to the sentencing judge.

Assigned custody officer: _____________________________________

SIGNED ON _________________ IN _________________

__________________________________ __________________________________
JUDGE NAME JUDGE SIGNATURE